United States v. Robinson

*Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
February 17, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-10369
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CLARENCE WAYNE ROBINSON,
Defendant-Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:02-CR-246-ALL-G
Before HIGGINBOTHAM, DAVIS, and PRADO, Circuit Judges.
PER CURIAM:*
Clarence Wayne Robinson was convicted after a jury trial of
possession with intent to distribute cocaine base in violation of
21 U.S.C. § 841(a), (b)(1)(C); possession of a firearm during and
in relation to a drug trafficking crime in violation of 18 U.S.C.
§ 924(c)(1)(A); and possession of a firearm by a convicted felon in
violation of 18 U.S.C. §§ 922(g)(1) and 924(e). He appeals,
arguing that the district court erred in ruling that he did not

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1See United States v. Gomez, 276 F.3d 694, 697 (5th Cir.
2001); United States v. Ibarra, 948 F.2d 903, 906 (5th Cir. 1992).
2
have standing to raise a Fourth Amendment challenge to the validity
of the search of an apartment.
Although Robinson may have had a subjective expectation of
privacy in the apartment, any such expectation was not one which
society would recognize as reasonable.1 The district court did not
err in ruling that Robinson did not have a reasonable expectation
of privacy in the apartment.
AFFIRMED.

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